Department of Regulation and Licensing
Office of Legal Counsel
1400 East Washington Avenue, Room 152
P.O. Box 8935
Madison, Wisconsin 53708-8935.
Telephone: (608) 266-0495.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006, to be included in the record of rule-making proceedings.
Notice of Hearing
Natural Resources
(Environmental Protection - Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1) and
(1p),
30.2035,
30.206,
227.11 (2) and
227.24, Stats., interpreting ss.
30.12 (1),
(1g),
(3) and
(3m) and
30.206, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-24-06(E) pertaining to shore erosion control on rivers and streams. This emergency order took effect on May 8, 2006. This emergency rule creates subch.
III to ch.
NR 328, Wis. Adm. Code, which establishes two general permits with appropriate conditions and establishes standards for projects that may be authorized under an individual permit. There are no statutory exemptions for the placement of shore erosion control on the banks of rivers and streams.
Standards for general permits and individual permits are based on the science of fluvial geomorphology for determining erosive conditions at a site. Fluvial geomorphology involves studying the influence of flowing surface water on stream channels through the processes of erosion and deposition. This emergency rule establishes general permits for biostabilization and integrated bank protection on waterways less than 35 feet wide and allows placement of these structures in “areas of special natural resource interest".
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, June 13, 2006 at 3:00 p.m.
Room 413, GEF #2 State Office Building
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Effect
According to 2004 data, there were 240 permits processed for shore protection on rivers and streams. Of that amount, 216 required an individual permit at a cost of $300 and 24 were exempt from a permit fee because they were issued to state or federal agencies. Therefore, annual permit revenue under current law is estimated to be $64,800 (216 individual permits x $300).
Under the proposed emergency rule, it is estimated that 180 projects would required a $300 individual permit, 36 projects would be eligible for one of two new $50 general permits, and 24 would continue to be fee-exempt because they would be issued to a state or federal agency. Therefore, annual permit revenue under the proposed rule is estimated to be $55,800 [(180 individual permits x $300) + (36 general permits x $50)]. This will result in a decrease of $9,000 in annual permit revenue.
By converting an estimated 36 individual permits per year to general permits, the proposed emergency rule would streamline the permitting process and thus decrease the amount of workload needed to process permits by 630 hours, or 0.35 FTE, with an associated cost reduction of $20,200 in salary and fringe benefits (630 hours x $32/hour salary and fringe).
The emergency rule be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Cunningham, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 23, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707
Notice of Hearings
Natural Resources
(Environmental Protection - Air Pollution Control)
NOTICE IS HEREBY GIVEN that pursuant to ss.
285.11 (1) and
(6) and
285.60 (6), Stats., interpreting s.
285.60 (6), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 406.02,
406.04,
407.03 and
410.03, Wis. Adm. Code, relating to air pollution permit exemptions and air pollution permit exemption fees. The State Implementation Plan developed under s.
285.11 (6), Stats., is also revised. In 2003, s.
285.60 (6) (b), Stats., was created as part of
2003 Wisconsin Act 118. This law requires the Department to exempt minor sources from the requirement to obtain air permits if emissions from the source do not present a significant hazards to public health, safety, welfare or to the environment. The Department has examined current permit exemptions in light of this and believes that an expansion of those exemptions is required under the statutes. The proposed rule changes contain the following three elements:
1. Exemption from operation and construction permitting requirements for facilities which have actual emissions of each criteria pollutant (other than lead) of less than 10 tons/year, and which are not subject to additional control requirements such as federal hazardous air pollutant standards.
2. Exemption from construction permitting requirements of any construction/modification type of project at a facility where the project will have actual emissions of criteria pollutants (other than lead) of less than 10 tons/year, and which is not subject to additional control requirements such as federal hazardous air pollutant standards.
3. Add an $800 exemption review fee for all projects which claim exemption under #2.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses which have very low emissions or which add additional equipment with very low emissions will be affected. Examples are coating facilities and small printers.
b. Description of reporting and bookkeeping procedures required: The proposed rule change does not create any significant additional reporting or bookkeeping requirements.
c. Description of professional skills required: The proposed rule change does not create an additional need for professional skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, June 27, 2006 at 1:00 p.m.
Prairie Room (lower level), Charles M. White Public Library, 1001 Main Street,
Stevens Point
Wednesday, June 28, 2006 at 1:00 p.m.
Room GO9, GEF #2 State Office Building
101 South Webster Street
Madison
Thursday, June 29, 2006 at 1:00 p.m.
Room 141, DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr. Dr.
Milwaukee
Fiscal Estimate
The construction permit exemption is estimated to allow for 40 projects per year that currently require a construction permit to be exempt from that requirement. However, these projects will still require the department to issue an operation permit or to revise an existing operation permit. Based on an estimated loss of 40 construction permits per year, and an average cost per construction permit of $6,000, the revenue loss would be $240,000/year. With the proposed $800 exemption fee, the gain in fees would be $32,000/year (40 exemptions at $800 per exemption) for a net loss of funds of $208,000/year.
Any reduced workload from permit writing will likely be shifed to ensuring the exempted sources are in compliance with air requirements.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Steve Dunn, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 30, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3) (d), Stats., and interpreting ss.
450.02 (3) (d) and
(e) and
450.11 (8) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Phar 8.02 (3) (f), relating to controlled substances theft and loss reporting requirements.
Hearing Date, Time and Location
Date: June 22, 2006
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The board is authorized by statute to promulgate rules necessary for the administration and enforcement of chapters 450 and 961, Stats., and establishing minimum standards for the practice of pharmacy.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: Wisconsin Administrative Code s.
Phar 8.02 (3) (f) currently requires pharmacies, practitioners and other federal drug enforcement administration (DEA) registrants authorized to possess controlled substances to notify the regional office of the DEA, the local police, and the Pharmacy Examining Board of
any theft or
any loss upon discovery. The DEA requires any theft to be reported but not any loss. Only significant losses must be reported to the DEA. The intent of this proposed rule change is to conform the state controlled substances theft and loss reporting requirement for pharmacies, practitioners or other DEA registrants to federal law. The proposed rule change will eliminate the reporting of drug losses, not based on theft, by pharmacies, practitioners or other DEA registrants if the losses are not considered significant under federal law.
SECTION 1 creates the requirement for the reporting of a loss or theft of a controlled substance to the board if a pharmacy, practitioner or other DEA registrant is required to file with the DEA a report of theft or loss of controlled substances.
Summary of, and comparison with, existing or proposed federal regulation:
Chapter
21 CFR 13.01.
74 (c) and 1301.76 (b). Federal law currently requires a DEA registrant to file a report with the DEA of any theft or significant loss of a controlled substance.
Comparison with rules in adjacent states:
Iowa
657—10.16(124) Report of theft or loss.
A registrant shall report in writing, on forms provided by the board, any theft or significant loss of any controlled substance upon discovery of the theft or loss. The report shall be submitted to the board office within two weeks of the discovery of the theft or loss. Thefts shall be reported whether or not the controlled substances are subsequently recovered or the responsible parties are identified and action is taken against them. A copy of the report shall be maintained in the files of the registrant.
Illinois
